By using the New Music USA’s web site (“Service”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
If New Music USA makes material changes to these Terms, we will notify you by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://www.newmusicusa.org/terms-of-service.
Violation of any of the terms below may result in the termination of your Account. While New Music USA prohibits certain conduct and Content on the Service, you understand and agree that New Music USA cannot be responsible for the Content posted on the Service. You agree to use the Service at your own risk.
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your or your organization’s name, a valid email address, and any other information requested in order to complete the registration process.
- You are responsible for maintaining the security of your or your organization’s account and password. New Music USA cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws)
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Support for New Music USA services is only available in English, preferably via email at email@example.com.
- You understand that New Music USA uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with New Music USA.
- You may use the New Music USA service solely as permitted and intended and for no other purpose. You may not use New Music USA’s service in violation of New Music USA’s trademark or other rights or in violation of applicable law.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by New Music USA.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any New Music USA, employee, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by uploading your Content, you agree to allow others to view your Content as dictated by your use of privacy options.
- New Music USA does not pre-screen Content, but New Music USA and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- You shall defend and hold harmless New Music USA against any claim, demand, suit or proceeding made or brought against New Music USA by a third-party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third-party or violates applicable law, and shall indemnify New Music USA for any damages finally awarded against, and for reasonable attorney’s fees incurred by, New Music USA in connection with any such claim, demand, suit or proceeding; provided, that New Music USA (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases New Music USA of all liability); and (c) provides to You all reasonable assistance, at Your expense.
Uploading content to our site
Whenever you provide us with content to upload to our Site or make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in these Terms of Service. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. Any content you upload to our Site or provide to us to upload to our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content you provide to us to post, or posted by you or any other user of our Site. We have the right to remove any posting you make on our Site and any posting you provide to us to post on our Site if, in our opinion, your post does not comply with the content standards set out in these Terms of Service. The views expressed by other users on our Site do not represent our views or values.
GRANT OF RIGHTS
By posting a Media File or providing us a Media File to post, the User grants New Music USA a non-exclusive, world-wide license to perform, display, distribute, alter and reproduce that Media File via the internet, including, in the case of sound files, as an interactive (i.e., on-demand) digital stream transmitted over the internet. It is understood that New Music USA will not receive any direct compensation for any such use of the Media File. The User further grant New Music USA the right to use and publish and permit others to use and publish the name(s) and/or biographical information of any individual artist(s) performing on the Media File and/or artist(s) whose work(s) are embodied on the Media File. The term of this license shall begin on the date of posting and shall continue unless and until the User removes the file or unless and until the Licensor notifies New Music USA in writing of its desire to terminate the license. Such termination shall be effective not later than 14 days following receipt.
WARRANTIES AND REPRESENTATIONS
With respect to each media file posted or provided to us to post, the user expressly represents and warrants to New Music USA that: (a) the User has all rights necessary to post that media file and to grant New Music USA the license contemplated herein; (b) the User has, and will furnish promptly following a request by New Music USA (which request may be made at any time), written documentation confirming that the user has all necessary rights from any and all third parties to grant New Music USA the license contemplated herein; (c) the User has obtained the consent of the copyright holder(s) of the work(s) included on the media file; (d) that all information provided to New Music USA by the User is, to the best of the User’s knowledge, true, accurate and complete; and (e) any use of that media file by New Music USA or any user of the site, as contemplated herein, shall not infringe the rights of any third party.
COPYRIGHT ACT AGENT
New Music USA respects the copyright and other intellectual property rights of others. If you believe that your work (or a work owned and/or controlled by you) has been used in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent listed below (note: in order to be effective, the Notice must contain all six pieces of information):
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest(s);
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; and
- A statement made by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our agent for notice of claims of copyright infringement on the Site can be reached as follows:
Attn: Copyright Agent New Music USA,
90 Broad Street, Suite 1902, New York, NY 10004
By phone: (212) 645-6949
By e-mail: email@example.com
- How we use personal information: we use your personal information as follows: We use your personal information to operate, maintain, and improve our sites. We use your personal information to respond to comments and questions and provide customer service. We use your personal information to send information including confirmations, technical notices, updates, security alerts, and support and administrative messages. We use your personal information to communicate about, upcoming events, and other news. We use your personal information to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
- How we share personal information: we may share personal information as follows: We may share personal information with your consent. For example, you may let us share personal information with others for their own marketing uses. Those uses will be subject to their privacy policies. We may share personal information when we do a partnership deal, or negotiate a partnership deal, involving the transfer of all or a part of our organization or assets. These deals can include any merger, financing, or bankruptcy transaction or proceeding. We may share personal information for legal, protection, and safety purposes. We may share information to comply with laws. We may share information to respond to lawful requests and legal process. We may share information to protect the rights and property of New Music USA, our agents, customers, and others. This includes enforcing our agreements, policies, and terms of service. We may share information in an emergency. This includes protecting the safety of our employees and agents, our customers, or any person. We may share information with those who need it to do work for us. We may also share aggregated and/or anonymized data with others for their own uses.
- Control over your information: you may send requests about personal information to our Contact Information below. You can request information about and updates to your personal information. Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our relationship with you. You can typically remove and reject cookies from our Site with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Site works for you.
- Security of your personal information: we take steps to help protect personal information. No company can fully prevent security risks, however. Mistakes may happen. Bad actors may defeat even the best safeguards.
Rev: August 2016